BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1417|
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UNFINISHED BUSINESS
Bill No: SB 1417
Author: Cox (R), et al
Amended: 8/16/10
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/20/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 29-0, 5/24/10
AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo,
Corbett, Cox, Denham, DeSaulnier, Dutton, Florez,
Hancock, Harman, Hollingsworth, Huff, Kehoe, Leno, Liu,
Lowenthal, Padilla, Pavley, Romero, Runner, Strickland,
Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Cogdill, Correa, Ducheny, Negrete McLeod,
Oropeza, Price, Simitian, Steinberg, Wiggins, Vacancy,
Vacancy
ASSEMBLY FLOOR : 75-0, 8/17/10 - See last page for vote
SUBJECT : Corporations for prevention of cruelty to
animals
SOURCE : Placer County Board of Supervisors
State Humane Association of California
California State Sheriffs Association
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DIGEST : This bill implements new procedures and
requirements for the appointment, and subsequent training,
of humane officers by non-profit organizations formed for
the purpose of preventing cruelty to animals.
Assembly Amendments (1) eliminate the authority to form
corporations to prevent cruelty to children and eliminate
the requirement of endorsement by the Department of
Justice, (2) recast provisions relative to articles of
incorporation, and (3) recast procedure relative to the
confirmation of an appointment and jurisdiction over a
society's principal office.
ANALYSIS : Existing law authorizes corporations for the
prevention of cruelty to children or animals, or both, to
be formed under the Nonprofit Public Benefit Corporation
Law. The articles of incorporation for these corporations
must be endorsed, as evidence of necessity, by the
Department of Justice or by a judge of the superior court
of the county in which the society's principal office is
located. (Corp. Code Sec. 10401.)
Existing law provides that only a society for the
prevention of cruelty to animals is eligible to apply for
an appointment of any individual to a level 1 or level 2
humane officer. The duty of a humane officer is to enforce
the laws for the prevention of cruelty to animals. (Corp.
Code Sec.14502(a)(1)(A).)
Existing law requires that any corporation that has been
formed for the purpose of the prevention of cruelty to
animals and has insurance of at least $1 million for
liability for bodily injury or property damage may appoint
any amount of persons as humane officers, as long as those
individuals are California citizens and the training
guidelines have been met. Appointment by the corporation
may only be done after the corporation has been
incorporated for 6 months, upon resolution by its board of
directors or trustees, and entered into its minutes.
(Corp. Code Secs. 14502(a)(2), 14502(a)(3).)
Existing law requires that the humane society or society
for the prevention of cruelty to animals that proposes to
appoint a humane officer to submit an application for
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appointment to a judge of the superior court for the county
in which the society is located, and must provide
documentation demonstrating that the individual has
completed specified training requirements. Upon receipt of
a report from the Department of Justice of the appointee's
record, if any, existing law requires the judge to review
the appointee's qualifications and fitness to act as a
humane officer and either confirm or deny the appointment.
(Corp. Code Secs. 14502(a)(1)(B), 14502(i).)
Existing law requires that before a humane society or
society for the prevention of cruelty to animals appoints a
humane officer, the society must notify the sheriff of the
county in which the society is incorporated of the
society's intent to enforce laws pertaining to the
prevention of cruelty to animals. (Corp. Code Sec.
14502(n).)
Existing law provides that a corporation which has
appointed an officer may revoke that appointment at any
time upon filing with the county's clerk office in which
the appointment of the officer is recorded. Additionally,
an authorized sheriff, local police agency, or the State
Humane Association of California may initiate a revocation
hearing by petition. (Corp. Code Sec. 14502(g).)
Existing law provides that all appointments of humane
officers automatically expire within three years from the
date a copy of the court order certifying his or her
appointment was filed with the county clerk. Officers
whose appointments are about to expire may only be
reappointed after completing the continuing education and
training. (Corp. Code Sec. 14502(f).)
Existing law prescribes the powers and qualifications of
level 1 and level 2 humane officers. Level 1 humane
officers are authorized to carry firearms, subject to
specified requirements, including background checks and
mental and physical evaluations. (Corps. Code Sec. 14502.)
This bill:
1. Repeals Corporations Code Sections 10401 and 10402,
eliminating the requirement that a humane society's
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articles of incorporation must be endorsed either by the
Department of Justice or by the judge of the superior
court in the county and instead permits a corporation
for the prevention of cruelty of animals (humane
society) to form under the Nonprofit Public Benefit
Corporation Law without the need to obtain endorsement
of its articles or other special restrictions, except
that a humane society formed on or after January 1,
2011, must state in its articles that the corporation is
formed pursuant to Corporations Code Section 10400.
2. Eliminates the antiquated requirement that a city,
county, or city and county, pay up to $500 per month to
a society actively engaged in enforcing state laws for
the prevention of cruelty to animals or children, and
instead authorizes local governments to enter into
contracts with humane societies for the enforcement of
laws for the prevention of cruelty to animals, but also
permits these societies to enforce these laws without a
contract.
3. Requires that a humane society seeking to appoint a
humane officer shall file a Petition for Order
Confirming Appointment of a Humane Officer with the
superior court of the county in which its principal
office is located, in compliance with the following
rules:
A. Prior to filing the Petition, the society must
submit to the Department of Justice fingerprint images
and related information of all humane officer
applicants for the purposes of obtaining information
as to the existence and content of a record of state
convictions and arrests;
B. Prior to filing the Petition, the society shall
serve a copy on: 1) the police department having
jurisdiction in the city in which the principal office
of the appointing society is located; 2) the sheriff's
department having jurisdiction in the county in which
the principal office of the appointing society is
located; 3) the Department of the California Highway
Patrol; 4) the State Humane Association of California;
and, 5) the Department of Justice;
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C. The society must attach to the petition a number of
supporting documents, including: 1) proof of proper
incorporation of the society; 2) criminal record
information of the appointee; 3) a copy of the
society's insurance policy for at least $1 million; 4)
proof that the appointee has met training
requirements; and, 4) documentation that the society
is operating a shelter or has contracted with another
entity to shelter any animals it seizes, as specified;
and,
D. If the society has not previously appointed a
humane officer, then it must also attach to the
petition an affidavit that demonstrates the society's
competence to appoint a humane officer by providing
additional information, such as: 1) evidence of
partnerships with other community agencies; 2) current
or prior law enforcement experience or non-profit
managerial experience; 3) cash reserve and donor base
of the society; and, 4) need for the humane officer in
the county.
4. Provides that a party that was required to be served
with the Petition may file an opposition to the
Petition, which shall be filed no later than 15 days
after the Petition and is limited in subject matter to
the competency of the society to appoint and supervise a
humane officer, and the qualifications, background, and
fitness of the appointee that are specific to the work
of a humane officer. Permits the society to file a reply
to any opposition to the Petition no later than 10 days
after service of the opposition.
5. Specifies certain conditions upon which the court is
required to deny the petition without further
consideration if the society cannot demonstrate in its
submitted materials that:
A. In the case of a Petition to appoint a level 1
humane officer, at least 5 years have elapsed between
the date the society filed its articles of
incorporation and filed the Petition. In the case of a
Petition to appoint a level 2 humane officer, at least
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one year must have elapsed.
B. The society has a written agreement with another
entity, such as a public or private animal shelter or
licensed veterinary clinic, that: 1) provides for the
humane care and treatment of any animals seized by the
society; 2) is capable of preserving evidence that may
be used to prosecute an animal cruelty case; and, 3)
is compliant with all applicable federal, state and
local laws, including licensing laws. Alternatively,
the society may operate its own animal shelter that
meets these three requirements.
6. Requires the court, in determining whether to confirm
the appointment, to review the appointee's
qualifications and any documents that have been provided
in support of or in opposition to confirmation of the
appointment. Provides that if the court finds that the
appointee is "qualified and fit to act as a humane
officer", then the court shall issue an order confirming
the appointment, otherwise it may deny the appointment.
7. Provides that any humane officer confirmed prior to
January 1, 2012 shall not be required to seek a new
court order confirming his or her appointment, but that
a level 2 humane officer shall file a certificate of
compliance with criminal background requirements, as
specified, with the Department of Justice on or before
January 1, 2012, or that humane officer's appointment
will be immediately revoked.
8. Requires a party petitioning for a revocation of the
appointment of a humane officer to follow the same law
and motion requirements for filing, service, and format
of papers submitted to the court that apply to the
petition to confirm appointment of the officer.
9. Requires that all level 1 and level 2 humane officers
complete the background checks and physical and mental
evaluations currently required only of level 1 officers.
Additionally requires a level 2 humane officer to
provide proof of compliance with criminal background
check requirements, as specified, by filing a
certificate of compliance with the Department of Justice
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on or before January 1, 2012, or that humane officer's
appointment will be immediately revoked.
10.Requires humane officers to complete continuing
education and training requirements during each
three-year period following his or her appointment.
Requires Level 1 humane officers to complete additional
weapons training and range qualifications every six
months. Requires all humane officers to file
certificates of compliance with the Department of
Justice at the end of the three-year or six-month
period. Provides that failure to comply with the ongoing
training requirements shall result in revocation of the
humane officer's appointment at the end of a three-year
term.
11.Requires all humane societies and humane officers to be
in full compliance with Section 14502 on or before
January 1, 2012.
12.Authorizes the Department of Justice to charge a
reasonable fee sufficient to cover costs of maintaining
various records of certificates of compliance and other
documents.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee
analysis, for at least the first few years following
enactment, the DOJ would require one-half position, at an
annual cost of about $40,000 to establish a database,
ensure timely compliance by existing and new humane
officers with the background check and other certification
requirements, and maintain all relevant records. Given the
relatively small numbers of humane officers statewide, over
time these costs should decline. In addition to the
standard $32 fee for a criminal background check, the
department, in order to cover its staffing costs, would
have to charge each humane officer a fee of around $1,000
for a certificate of completion in the first two years.
(This assumes around 40 officers would seek the
certification during this period.) After two years, the fee
for a certificate, assuming 20 per year, would have to be
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around $2,000 to cover DOJ's staff costs. Given that the
human officers are volunteers, these fee levels may be
unreasonably high, thus requiring the General Fund to
instead bear some portion of DOJ's costs.
SUPPORT : (Verified 8/17/10)
Placer County Board of Supervisors (co-source)
State Humane Association of California (co-source)
California State Sheriffs Association (co-source)
American Society for the Prevention of Cruelty to Animals
California Animal Control Directors Association
California State Association of Counties
Humane Society of the United States
Judicial Council
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : This bill is sponsored by the
Placer County Board of Supervisors, the California State
Sheriffs' Association, and the State Humane Association of
California, a non-profit membership association of humane
societies with over 130 member organizations in the state.
This bill significantly revises current law by imposing new
procedures and requirements for the appointment of humane
officers by non-profit corporations formed for the purpose
of preventing cruelty to animals (customarily referred to
as "humane societies.")
Humane officers occupy an unusual status in California
between purely private actors and public peace officers.
Humane officers work to enforce the state's animal welfare
laws, but may be appointed only by a private non-profit
humane society formed under California's Corporations Code.
Appointment must be followed by judicial confirmation of
the appointment petition before a person enjoys humane
officer authority under the law. Existing law explicitly
provides that "a humane officer is not a peace officer, but
may exercise the powers of a peace officer at all places
within the state." A humane officer's scope of powers can
vary, depending on the level of training and animal welfare
education, but can include the ability to exercise the
powers of a peace officer in order to prevent animal
cruelty, make arrests, serve search warrants, and carry
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firearms.
According to the co-sponsor State Humane Association
(SHAC), there are approximately seventy-five humane
officers in the state, the majority of which work for a
humane society that is a member of SHAC and are not
authorized to carry firearms. Humane officers serve the
public good by assisting law enforcement officials enforce
animal cruelty laws, and the benefits they provide
typically comes at no cost to the state because officers
are volunteers or work for the non-profit humane society
that appointed them.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,
Gaines, Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Lieu, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blakeslee, Charles Calderon, Logue,
Norby, Vacancy
RJG:nl 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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